Duty to Colleagues/ fellow advocates

• Must be treated with utmost courtesy and respect. Rule 26(1)
• Whose matter is it? Yours as counsel or for your client?: it is for you client, so don’t take things personally
• A lawyer could be liable for contempt where he threatens a fellow colleague on the account of his client. Re Johnson
• A lawyer must be detached from case he handles. Per Tobi JCA in NTOE ISO V 

 

• Duty to keep promises Rule 27(2)
• Lawyer must always act in good faith when dealing with colleagues
• Must stand by undertakings given, whether reduced in writing or not

 

• Must avoid sharp practice
• Keep away from acts or conducts calculated to gain undue advantage against an opposing client
• A lawyer shall not take undue advantage of an opposing counsel’s predicament or misfortune. Rule 27(2)(c)

Examples of sharp practice/(playing to the gallery):

• Deliberately filing frivolous and irregular applications
• Seeking leave of court to strike out a matter in spite of the previous knowledge of opponent’s absence
• In general, where counsel plays to the gallery in order to secure cost.

See kwaptoe v Tsenyil. Counsel waited till one to expiration before filing a notice of appeal.

 

• Must not covet clients
• Counsel must not take over the employment of fellow colleagues at the bar.
• However, counsel can proffer advice to persons who are displeased with the services of their counsel upon his communications with such other lawyer. Rule 14(5) RPC

 

• Where a lawyer decides to have communication with the client of a colleague, such communication must be done before that colleague. Rule 27 (5)(a)

 

• A lawyer must not give advice to a person not represented by a lawyer. Rule 27(5)(b)

 

• Counsel to opponents
• Must respect opposing counsel and must not bring a case or defence merely:
• To harass or to injure or to oppress or to work hardship on the opposing counsel;
• Actionsbrought by counsel must be justifiable

 

• Use of abusive words or statements against opponent must be avoided in or out of court

 

• Counsel must not be used as a tool to assuage the emotions of a disgruntled client

 

• Equality at the Bar
• Itemise the precedence in court
• Equality at the bar is subject to the above

 

Duty of a lawyer to a court

A lawyer can be described as a minister in the temple of justice.

Counsel is a helper in the administrator of justice.

In which manner(s) does he exhibit this?

 

• Punctuality – you’re meant to be in court 30 minutes before the court sits.
• At what time does the court sit?
• Describe the mode of dressing to court

 

It is important to

• Know your court

E.g. parking, robing, court room temperature

• Know your judge
• Peculiarities of the judge
• Punctuality of the judge, sitting and rising habits, etc.
• Know where to sit in court
• Mode of addressing the court and fellow colleagues.

High court – My Lord, Your Lordship

Court of Appeal – My Lords, Your Lordships

 

• To exhibit good character and dignity in court

Examples include:

• Not chew gum before the court
• Not read extraneous material
• Not sit with leg crossed before the court
• Not place hands in pocket
• Not speak rudely to the judge

 

Other duties to the court include:

• failure to keep promises or undertaken made to the courts rule 31(3)
• Do not discuss a pending case with the judge in the absence of opposing counsel
• Do not send communication to the judge without the knowledge of the opposing counsel. Rule 31 (4) & (5)
• Also note that these rules apply to the tribunal rule 35 RPC

 

Duties to the court

• Must be candid and fair
• Counsel must always place the interests of the court above that of the client

Note: read the provisions of Rule 32 RPC for conducts that include

Examples include:

• Citing false or irrelevant authority
• Irrelevant questions asked to demean witnesses
• Fail to comply with known local cut
• Trial publicity:
• Lawyers must not make extra-judicial comments via communication media, whether in criminal or civil cases. R 33 RPC
• Relationship with judges:
• Lawyers must not present themselves as seeking favour form the judges rule 34 RPC

 

Query:

What is the difference between the conduct of a case by a lawyer representing his client and one who is conducting his case by himself?

Give a description as to the appearance of how a lawyer conducts his case? R 36 RPC

Is/are there any exceptions to your answer above.

During the opening of the official legal year lawyers and judges can wear robes. Burial ceremonies of a colleague. At the call to bar ceremonies – aspirants wear their robes.  Graduation ceremonies, judges can wear their robe.

 

Duty to the state

• Lawyers as officers of the court must do everything to ensure that respect and dignity is maintained within the profession
• As such, lawyers
• Note that counsel shall not be liable where he goes on to commit a crime even after being advised by a counsel
• A lawyer who advises a client

 

Duties to the profession

 -  Prevent the admission of unqualified legal practitioners. Rule 2

• Prevent the admission of unsuitable persons to the bar, e.g. insufficient qualified person or persons of questionable character
• All lawyers are encouraged to work towards the protection of the legal profession. They must uphold the honour and dignity of the professions.

 -  Prevent the use of intermediaries in the profession. RPC Rule 4

• Lawyers must avoid the use of non-lawyers or agents intervening in the relationship between his lawyer and client
• An exception to this rule is lawyers

 -  Prevent the unauthorised practice of law

• by not assisting non-lawyers to practice law
• orpersons who have had their names struck of the roll or suspended from practice
• a lawyer shall also not sign legal documents which he did not prepare though his name is on it rule 3(2)

 -  Association for legal practice

• a lawyer shall not associate with a non lawyer in carrying out legal practice . Rule 5(1)
• Note cases where a partner dies Rule 5(2)
• He must not couch his name in such a manner to make others believe he is ina partnership when he is not. Rule 5(4)

 -  Holding brief

• Is a lawyer allowed to hold brief for another lawyer? Rule 27(3) RPC

 -  Duty not to instigate litigation

 -  Employment in criminal cases

     Defence counsel shall:

• Shall be present in court throughout the case and on the fixed dates. rule 14(4)
• Must be seen to ensure substantial justice of his client’s matter
• Cannot stand bail for his client
• Note the grounds that the counsel may stop representing his client. Rule 21. Not that the reason is for good cause and things like conflict of reasons just constitute examples of good cause

 -  A ground of confession of guilt shall not operate as a ground for withdrawal.

• The defence counsel has a duty to discredit the evidence of the prosecution through…….?
• The accused lawyer shall not bring contradictory evidence, which he knows to be false in a bid to rid the accused of his guilt. Rule 37(3)

 -  Prosecuting counsel

• Is not bound to secure a conviction at all cost
• His business is to ensure justice is done
• He shall not suppress facts that would establish the innocence of the accused. Where he has such facts, he must disclose same on time rule 37(6)
• A lawyer is prevented from bringing before the court charges which evidence he does not have or cannot establish before the court rule 37 (5)